- (1.) THIS revision petition is directed against the order of the trial Court dated December 9, 1988, whereby the defendant was precluded from filing his written statement under section 35-B of the Code of Civil Procedure, (hereinafter called the Code), for non-payment of costs awarded vide order dt. December 20, 1986. On the next date of hearing on January 5, 1987, the costs were demanded, but were not paid. In spite of that, the trial Court went on adjourning the case. When an application under section 35-B of the Code was filed for stricking off the defence for non-payment of the costs by the defendant, the trial Court passed the impugned order on December 9, 1988, i e. , after about two years of the order dated January 5, 1987.
(2.) AFTER hearing the learned counsel for the parties, I find that there was no occasion for striking off the defence after about a year of the order dated January 5, 1987. If the costs were demanded and were not paid, then on that very day, the defence should have been struck off. Once the case was adjourned from time to time, any application, filed subsequently could not be entertained on that account.
(3.) CONSEQUENTLY, this revision petition succeeds. The impugned order is set aside. The defendant is allowed to file the written statement on payment of Rs. 1,000/- as costs. The parties have been directed to appear in the trial Court on June 12, 1990. On that date, the petitioner will pay the costs and also file the written statement. If either of the things is not done, this revision petition shall stand dismissed.;